The following are the terms and conditions for using the services
offered by NannyServices.ca, including without limitation, email and
website services and other services which may be offered from time to
time by NannyServices.ca (each feature individually and collectively
referred to as "The Service"). Please read the terms carefully. The
Service is provided to individuals who are of the age of consent
according to the laws of the State in which they reside.
The Service is offered to you conditioned upon your accepting all of the
following terms, conditions, and notices contained herein, without any
modification thereto:
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account, you must complete the registration process by
providing us with current, complete and accurate information as prompted
by the Registration Form. You will then choose a password and an account
name. You alone are responsible for the security of your password, which
should be kept confidential at all times. You agree to notify
NannyServices.ca upon your learning of any unauthorized use of your
account or any other breach of security. We accept no liability for any
unauthorized or improper use of disclosure of any password and take no
responsibility for the activities on your account.
.
2. DESCRIPTION OF SERVICE
NannyServices.ca (hereinafter sometimes referred to as "Nanny Services")
is an on-line nanny and domestic personnel matching service which allows
users to search Nanny Services’s database either to obtain leads from
employers or from applicants. NannyServices.ca does not involve itself
in the transactions between Job Seekers and Employers. NannyServices.ca
does not interview, screen, or perform background checks on either job
seekers or employers that appear on the site. NannyServices.ca therefore
has no control over the safety, accuracy or quality of the jobs or
resumes posted, or, knowledge of either the capability of prospective
employers to offer job opportunities to candidates or the ability of the
Job Seekers to fill job openings. NannyServices.ca cannot guarantee or
provide assurance that Job Seekers employment will successfully find
employment; or that Employers who are seeking to hire jobseekers will do
so.
3. MEMBER PRIVACY
NannyServices.ca will only use the information you provide on the web
site in accordance with our Privacy Policy. For more information, see
our full Privacy Policy.
4. MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
You agree that NannyServices.ca is not responsible or liable for the
deletion of or the failure to store messages or other information.
5. MEMBER CONDUCT
As a condition of using of the Service, you warrant to NannyServices.ca
that you will not use the Service for any purpose that is unlawful or
prohibited by the TOS.
The Service is provided to individuals and companies in the recruitment
business only. You agree to use the Service only to send and receive
personal messages. Any unauthorized commercial use of the Service, or
the resale of its services, is expressly prohibited. Agencies agree to
use the service only as a recruiting source and must utilize their own
agency materials when presenting to clients.
You agree to abide by all applicable local, state, national and
international laws and regulations and you are solely responsible for
all acts or omissions that occur under your account or password,
including the content of your transmissions through the Service. By way
of example, and not as a limitation, you agree not to:
1. Use the Service in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise);
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
3. Publish, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful material or
information;
4. Advertise or offer to sell or buy any goods or services for any
non-personal purpose;
5. Harvest or otherwise collect information about others, including
email addresses, without their consent;
6. Create a false identity for the purpose of misleading others as to
the identity of the sender or the origin of a message;
7. Use, download or otherwise copy, or provide (whether or not for a
fee) to a person or entity that is not a Service member any directory of
the Service members or other user or usage information or any portion
thereof other than in the context of the use of the Service as permitted
under the TOS;
8. Transmit or upload any material that contains viruses, trojan horses,
worms, time bombs, cancelbots, or any other harmful or deleterious
programs;
9. Transmit or upload any material that contains software or other
material protected by intellectual property laws, rights of privacy or
publicity or any other applicable law unless you own or control the
rights thereto or have received all necessary consents;
10. Interfere with or disrupt networks connected to the Service or
violate the regulations, policies or procedures of such networks;
11. Attempt to gain unauthorized access to the Service, other accounts,
computer systems or networks connected to the Service, through password
mining or any other means.
12. Violate any applicable laws or regulations including, without
limitation, laws regarding the transmission of technical data or
software exported from the United States through the service.
13. Interfere with another member’s use and enjoyment of the Service or
another individual’s or entity’s use and enjoyment of similar services.
NannyServices.ca has no obligation to monitor the Service or the use of
the Service by any user nor does NannyServices.ca have any obligation to
retain the contents of any user session. However, NannyServices.ca
reserves the right at all times to monitor, review, retain and/or
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request.
6. LINKS TO THIRD PARTY SITES
THE LINKS INCLUDED WITHIN THE SERVICE MAY LET THE USER LEAVE THE SERVICE
WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL
OF NannyServices.ca AND NannyServices.ca IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO SUCH SITES. NannyServices.ca IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. NannyServices.ca IS PROVIDING THESE LINKS TO THE
USER ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ANY ENDORSEMENT BY NannyServices.ca OF THE SITE OR ANY ASSOCIATION WITH
THEIR OPERATORS. Nannyservices.ca can refuse third parties to link to
our Site and shall not be required to give any explanation for such
refusal.
7. DISCLAIMERS/LIMITATION OF LIABILITY
NannyServices.ca does not meet or screen any applicant or employer using
this site. You assume full responsibility for the hiring process. Advice
given through this website should not be substituted for independent
legal or professional counsel. The advice provided by this website is
intended as a guide for employers, applicants and agencies to aid them
in a hiring process. The information and services included in or
available through the Service may include inaccuracies or typographical
errors. Changes are periodically added to the information herein.
NannyServices.ca and/or its respective suppliers may make improvements
and/or changes in the Service at any time.
NannyServices.ca does not represent or warrant that the Service will be
uninterrupted or error-free, that defects will be corrected, or that the
Service or the server that makes it available are free of viruses or
other harmful components. NannyServices.ca does not warrant or represent
that the use or the results of the use of the Service or the materials
made available as part of the Service will be correct, accurate, timely,
or otherwise reliable.
You specifically agree that NannyServices.ca shall not be responsible
for unauthorized access to or for the alteration of transmissions, data
or any material sent or received or not sent or received, or any
transactions entered into through the Service. You specifically agree
that NannyServices.ca is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any
other party or for any infringement of another’s rights, including
intellectual property rights. The user specifically agrees that
NannyServices.ca is not responsible for any content sent using and/or
included in the Service by any third party.
NannyServices.ca acts as a passive conduit for the online distribution
and publication of information and has no obligation to screen
communications or information in advance and is not responsible for
screening or monitoring material posted by users.
NannyServices.ca AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. NannyServices.ca AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL NannyServices.ca AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH
THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, WITH THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
SERVICE, OR WITH ANY OTHER USE OF THE SERVICE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
NannyServices.ca OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SERVICE AND ITS RELATED WEB SITES.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MIGHT HAVE ARISING OUT OF OR
RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES; OTHERWISE, ANY AND ALL OF YOUR CAUSES OF ACTION
ARE PERMANENTLY BARRED.
8. INDEMNIFICATION
You agree to indemnify and hold NannyServices.ca, its parents,
subsidiaries, affiliates, officers and employees, harmless from any
claim, demand, or damage, including reasonable attorneys’ fees, asserted
by any third party due to or arising out of the users use of or conduct
on the Service.
9. BILLING AND PAYMENT POLICY
All Premium Users (selecting a paid level of membership to the Site) are
obligated to pay for the services of the Site, unless specifically
notified otherwise. The price may alter at a future date, but Premium
Users are locked into the pricing and terms of the subscription chosen
upon registration.
Pricing may vary by promotions selected at the time of registration. For
all fees, NannyServices.ca will charge the User's credit card according
to the agreed-upon fee between User and NannyServices.ca for use of the
services of the Site. While NannyServices.ca will use reasonable
commercial efforts to ensure the privacy of all credit cards and all
other personal information, we expressly disclaim any liability for any
damages that may result should any information be released to any third
parties .A User does hereby agree to hold NannyServices.ca unaccountable
for any damages that may result there from. NannyServices.ca will use a
third party service (like PayPal but not limited to), to process credit
card information.
Reinstatement
An eligible Premium User may reinstate a subscription that has expired.
A new price structure may apply at the time and date of reinstatement.
Renewal and Cancellation
Premium User subscriptions will be automatically extended for successive
renewal periods of the same duration as the subscription term originally
selected at the prior term's subscription rate. NannyServices.ca will
continue to renew subscriptions until a cancelation has been requested
by the User. If a User cancels the subscription, the User will have
access to the subscription benefits until the then current subscription
term expires;. The subscription will not be renewed after that term has
expired. However, Users will not be eligible for a refund of any portion
of the subscription fee paid for the then-current subscription period.
10. TERMINATION
NannyServices.ca may terminate your access to any part or all of the
Service and any related service(s) at any time, with or without cause,
with or without notice, effective immediately, for any reason
whatsoever.
For instance, NannyServices.ca reserves the right to terminate your
account for inactivity, which is defined as failing to log into the
Service for an extended period of time, as determined by
NannyServices.ca. The amount of time that NannyServices.ca currently
views as an "extended" period of time is 90 days since the user’s last
log on to the service. Upon termination of the Service, the user’s right
to use the Service immediately ceases.
If you wish to terminate your account, your only recourse is to
discontinue the use of the Service.
At such time as the use of the service is discontinued, NannyServices.ca
shall have no obligation to maintain any of the content relative to your
account, nor shall NannyServices.ca have any obligation to forward any
unread or unsent messages to you or any third party.
11. NO SPAM; DAMAGES
NannyServices.ca will immediately terminate any account which it
believes, in its sole discretion, is transmitting or is otherwise
connected with any spam or other unsolicited bulk email. In addition,
because damages are often difficult to quantify, if actual damages
cannot be reasonably calculated, then you agree to pay NannyServices.ca
liquidated damages of $5 (US) for each piece of spam or unsolicited bulk
email transmitted from or otherwise connected with your account,
otherwise you agree to pay NannyServices.ca ’s actual damages, to the
extent such actual damages can be reasonably calculated.
12. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings you might have with advertisers on the Service or with
promotions offered to you, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or
representations associated with such dealings or promotions, are solely
between you and the advertiser or other third party. NannyServices.ca
shall not be responsible or liable for any part of any such dealings or
promotions.
13. PROPRIETARY RIGHTS TO CONTENT
You acknowledges that content, including but not limited to text,
software, music, sound, photographs, video, graphics or other material
contained in either sponsor advertisements or electronically
distributed, commercially produced information presented to you by the
Service, by NannyServices.ca, or NannyServices.ca’s advertisers or other
content providers, is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. You may make a copy
of this content only for your personal, non-commercial use, provided
that you keep all copyright and other proprietary notices intact. You
may not modify, copy, reproduce, republish, upload, post, transmit, or
distribute in any way content available through the Service and its
associated Web sites, including code and software.
14. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
NannyServices.ca reserves the right to change the TOS or policies
regarding the use of the Service at any time and to notify the user by
posting an updated version of the TOS on this Web site. The users are
responsible for regularly reviewing the TOS. Continued use of the
Service after any such changes shall constitute their consent to such
changes.
15. COPYRIGHT AND TRADEMARK NOTICES:
You acknowledge and agree between you and the Service, that that
NannyServices, Inc (hereinafter sometime referred to collectively as
"Owners") own all of the forms, documents and the contents of this
Service (hereinafter "Documents"). You agree that no right, title or
interest in or to any trademark, service mark, logo or trade name of the
Owners is granted under this Agreement and that title to all such
documents is retained by said Owners. You agree, stipulate and consent
that all Documents are copyright protected and are trademarks owned by
the Owners and that you will not reproduce, modify or publish any and
all of the Documents for any commercial purpose without the express
written consent of said Owners. © Copyright 2007 NannyServices, Inc.,
All Rights Reserved. Please review our Privacy Policy.
16. GOVERNING LAW, JURISDICTION AND VENUE
Use of the Service is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including
without limitation this paragraph. This agreement is governed by the
laws of the State of Israel NannyServices.ca and exclusive venue for
any dispute arising out of the use of the Service shall be in the
Israeli Court By consent of the parties, no other court or tribunal
in this country or in any other country shall have jurisdiction relative
to any dispute arising out of this Service.
17. GENERAL
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and NannyServices.ca as a result of this
agreement or use of the Service. NannyServices.ca ’s performing of all
Services is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of NannyServices.ca ’s
right and/or obligation to comply with governmental, judicial and law
enforcement requests or requirements relating to your use of the Service
or to the information provided to or gathered by NannyServices.ca with
respect to your use of the Service.
18. SEVERABILITY
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect.
19. INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and NannyServices.ca with respect to the
Service and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and
NannyServices.ca with respect to the Service.
20. LANGUAGE
It is the express will of the parties that this agreement and all
related documents have been drawn up in English. The section titles in
the TOS are solely used for the convenience of the parties and have no
legal or contractual significance.
21. BINDING
This agreement shall be effective to bind you, your assigns, agents,
representatives, successors, employees and any and all other persons
acting on your behalf. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
|
